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DISABILITY LAW AND APPLYING IT TO HIGHER EDUCATION

The Americans With Disabilities Act (ADA) 1990:

  • The Americans with Disabilities Act of 1990 (ADA) upholds the principles put in place by the Rehabilitation Act of 1973, and introduces new principles to protect the rights of individuals with disabilities.

  • The ADA requirements state that students with disabilities must contact the disability service provider at their college or university in order to receive academic accommodations.

  • Under the ADA, college and university staff are required to make reasonable academic accommodations for disabled individuals.

  • In institutions of higher education, the ADA gives much attention to physical accessibility issues. These issues involve: campus facilities, programs, activities, and employment.

Definitions of Disability:

  • A disability with respect to students is: a physical or mental impairment that substantially limits one or more of the major life activities of an individual (caring for oneself, performing manual tasks, walking, sitting, standing, lifting, reaching, seeing, hearing, speaking, breathing, learning, and working).

  • Individuals with disabilities may include persons who have mobility, sensory or speech impairments, and neurological, psychological, physical, or learning disabilities.

  • Individuals who are not automatically considered to have a disability covered by the ADA are:

  • Students studying English as a Second Language (ESL)

  • Students receiving Supplemental Security Income (SSI)

**It is not the responsibility of the University to identify and evaluate students to determine if a disability exists.**

Limitations:    

  • A reasonable accommodation does not negate requirements for successful completion of a program, course, service and/or activity, adherence to generally acceptable standards of behavior, the University's Code of Conduct, or adherence to administrative and faculty/staff directions and instructions.

  • Some examples of unreasonable accommodations are:

  • Attendant care - An otherwise qualified student who requires attendant care services must arrange to provide for his/her own attendant care services. The University does not assume coordination or financial responsibilities for attendant care services.

  • At home assistance with homework, computer needs, etc.

  • Monitoring of student attendance, class performance, homework completion, grades, medication compliance, etc

  • Modifications of the number of test questions or course requirements

  • Reports to parents regarding the student's progress

  • Behavioral management

  • Transportation to and from the University

  • The University is not required to offer or provide an accommodation to admit or to continue to admit an individual with a disability to any particular program, course, service, and/or activity or to provide educational opportunities and other services when:

  • The educational standards or mission of Southeast Missouri State University would be substantially altered.

  • The nature of the program, course, service and/or activity would be fundamentally altered.

  • The student is not otherwise qualified (with or without accommodations) to meet the academic and technical standards required for admission or participation in an educational program, course, service and/or activity.

  • The effects of the disability cannot be overcome even with reasonable accommodations

  • The individual would not be able to complete a program, course, service and/or activity even with reasonable accommodations

  • An undue financial or administrative hardship (College-wide) would  be caused by the accommodation.

 
   

| Updated0 9.14.07 | Disclaimer
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